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ALFORD v. CITY OF LUBBOCK, TEX.

No. 80-1192.

664 F.2d 1263 (1982)

Truett ALFORD, et al., Plaintiffs-Appellees, v. CITY OF LUBBOCK, TEXAS and Texas Municipal Retirement System, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

January 4, 1982.

Attorney(s) appearing for the Case

James P. Brewster, Asst. City Atty., John C. Ross, City Atty., David W. Reagan, Asst. City Atty., Lubbock, Tex., for city of Lubbock.

Gaynor Kendall, Austin, Tex., for Texas Municipal Retirement System.

Thomas J. Griffith, Ralph H. Brock, Lubbock, Tex., for plaintiffs-appellees.

Before INGRAHAM, POLITZ and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant City of Lubbock, Texas (City) elected in 1950 to participate in a retirement and pension program created by the Texas Legislature and administered by an agency of the State of Texas, appellant Texas Municipal Retirement System (TMRS). The TMRS retirement plan, Tex.Rev.Civ.Stat.Ann. art. 6243h, § VII(1)(a) (Vernon 1970 & Supp. 1980-1981), provides that a covered employee is eligible for service retirement once the...

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